Divorcing Legally in Australia

While divorcing your partner is never a pleasant decision to make, for both you, your children and family, it’s one decision that should be taken seriously and require an attorney to be processed legally.

According to the Family Law Act of 1975, which is the principle of a no-fault divorce in Australian law, when a divorce is granted, the court will no consider the reason that the marriage came to an end. The jurisdiction of Australia has the power to implement the dissolution of marriage. When a divorce is granted, there is no settlement established regarding financial support, the arrangements of children and property distribution.

Applying for Divorce

An application for divorce can be made if either you or your spouse are residents of Australia and intend to live in the country indefinitely, if either of you are Australian citizens by birth, as well as descendant of Australia or have citizenship in the country and lastly, if either of you have lived in Australia for 12 months prior to filing for a divorce.

Applying for divorce can be simple and can even be applied for online. It includes a fee but is the easiest first step of filing for divorce.

Divorce Applications

Since the law does not consider the exact reasons as to why marriage is ended, the only grounds the law except when proceeding with a divorce, is the idea that the marriage will be broken without the two people relevant to the marriage getting back together. If any children under 18 are present with a divorce, it must be established that proper arrangement is made for the children and that they are considered first above anything else.

Get Legal Advice to Assist with Your Divorce

One should hire or consult a lawyer when filing for a divorce. Getting legal advice will help you get perspective on what you’re about to enter into and if sure about your decision, help you proceed smoothly. Lawyers will help you apply the law to your case. There are free legal platforms such as the Family Relationship Advice Line that could provide you with advice regarding law proceedings.

The Cost of a Divorce

Some divorces can turn out to be quite expensive. This all depends on the reasons the divorce has been filed, whether or not the person filing for divorce and their partner do not agree on things such as finances and agreements regarding their children. In these cases, divorce might become very expensive as there will be a lot of factors involved that needs to be resolved before a divorce can be settled by law.

If you are experiencing financial hardship or hold a governmental concession card, you will be eligible to pay a reduced fee. In order to qualify, both the person who filed for divorce and their spouse must qualify for the same reduction. There are also court fees involved, which should be paid with the conclusion of the divorce.